Kathleen is an Of Counsel for Vandeventer Black and a member of the firm’s Community Associations team. She serves as general counsel to homeowner and condominium associations located in Virginia, which essentially operate as hybrids of non-stock corporations and mini-city governments.
Kathleen’s representation of community associations includes transactional work, corporate governance, and litigation support. In addition to serving as general counsel to community associations, her practice also includes general civil litigation.
EXPERIENCED COUNSEL FOR COMMUNITY ASSOCIATIONS
- Advise community association boards on day-to-day business operations, compliance with governing documents, operating procedures, meetings (including quorum, voting, and proxy issues), insurance matters, directors issues and disputes, owner disputes, real property transactions, and assessment collections.
- Provide advice, guidance, and education to association board members on various areas of the law, including annual updates to the Virginia Property Owners’ Association Act, Virginia Condominium Act, Virginia Nonstock Corporation Act, and Virginia Common Interest Communities Act.
- Work with and collaborate with community association boards and management team members in taking proactive steps to best protect associations’ interests.
- Advise on repair and maintenance responsibilities of community associations.
- Prepare comprehensive policy and administrative resolutions.
- Experience in reviewing land records, analyzing chain of recorded documents, and researching contents of plats and plans.
- Assist condominium associations in seeking and obtaining FHA certification and recertification, as well as VA certification.
INTERPRETATION/AMENDMENT OF GOVERNING DOCUMENTS
- Draft and amend community associations’ declarations, bylaws, master deeds, and/or articles of incorporation.
- Assist community associations in proceeding with proposed amendments such as attending town hall meetings with members of the community, preparing explanatory letters explaining the amendments, and preparing proxies and/or ballots for membership vote on amendments.
CONTRACT NEGOTIATIONS
- Review, draft, and negotiate contracts on behalf of community associations, including, but not limited to, professional management company contracts, service contracts with various community vendors, licensing agreements, easement agreements, and settlement and release agreements.
COMMUNITY ASSOCIATION LITIGATION, AND RULES AND COVENANTS ENFORCEMENT
- Initiate and defendant lawsuits brought by or against homeowner or condominium associations.
- Pursuit of injunctive relief and specific performance actions on behalf of community associations for covenants enforcement actions in both Circuit and General District Courts.
- Litigate assessment collection cases and experience in pursuing post-judgment collection enforcement actions.
COUNSEL TO BOARDS OF DIRECTORS
- Advise community association boards on day-to-day business operations, compliance with governing documents, operating procedures, meetings (including quorum, voting, and proxy issues), insurance matters, directors issues and disputes, owner disputes, real property transactions, and assessment collections.
- Provide advice, guidance, and education to association board members on various areas of the law, including annual updates to the Virginia Property Owners’ Association Act, Virginia Condominium Act, Virginia Nonstock Corporation Act, and Virginia Common Interest Communities Act.